The Sun. — London, England, 1808-11-05 00:00:00

I LAW REPORT. HOVRti. COURT OF CHANCERY, LlNcpotN's-IrtN, Nov. ,}. EiPARTE ZUSSEMAKER. &C. /NT MATTER O ANDER :dr. ,NIAr,TIN for the Petiioners, all of whom re in Holt and, stated that they were creditors to the bankrupt ..1A;n1 Vatidtsr Heven, m various stains to,a considerable amount, They tendered tht2ir cianits before the Commissiotiers, but were 1 etused tobe'al lowed to prove, on the ground of their being alien eeenties. They then applied to Lord Efsskine, while L. rd Chancellor, producing evieence that the greater p,trt, tt not the whole of thetn,Were creditors Of th e Bankrupt for goods imported into this Country wi der the sanction of licences granted by his Majesty ; in consequence of which his Lordship ordered the claims of the Petitioners to be allowed, and a st.in ot.g.s.'in the pound of their .respective debts, being to the same amount as had been drawn by the other tredimrs of Vander liOven, tb be set aside for them, to abde the issue of their application. These debts amounted to a sum which produced 3636 i. stock, width was . placed in the name of the asegnet s, to answer the claims of the Petitioners. Feeling them selves entitled to recover he debts, which they had allowed the Bankrept t o c on tract und e r the f a i t h of the Royal Licence, but beith.Z, at the saint , time, given to understand that the consent of, the Ilea- Sury would be necessary to insure them .recovery of them, they preseeted a i'dt.morial on the sub- 7 jea kJ the Chancellor of the Exchequer, to Which a favourable return was un,!erstood to have been made, Time present application was, therefore, now made to hi; Lordship, for an order on the Assignees to p..y over to the Petitioners the Sums applicable to their respeetiie debts, now standing iii the public lauds in the narns of I be , ..kssignees. The Learned Cote isel was aware, that the chute of the Petitioners 11:.ti not yet shewn, that the debts due to them were for gOods sold under, his Majesty's licence; bui, he did not (:psis that the otder should extend tti any v ho tad not prove this tact, and receive: a Certificate to 111 A effea troth the Treasury. That the assignees euesenteci to shuttici province evidence in the hand of tee' Secretary. The,,anplication had been inti eealed to the assighees, and they did not appeal. Mittard appeared, aid consented On the part of tl.eTieasury.—Order Granted. PAZZE MEDLEY, IN MATTER 07 BULLOCK. This was an application, on die part of the Assig nees Under the Commission awarded against Ja‘nes 15 , :1141ck, a Will:m[4,A° have a debt of tool. proved under the Commission by Ricliarl and Thomas Rey expnned, on the ground of fraud-and collu sion between ti,en) and the bankrupt, and that, in fact, no such dent existed at the time of the bank rupt, y • RoDULLY, for. the Assignees, stated, that in the y eat. 1805, the bankrupt being in embarrassed eißlons , ances, stopped payment., and enteied into an ye , went with his crrdhois, :to pay them in three d.tfererit instalments. He. accordingly grant ed to th,. Messrs. Reynolds, with whom he bad for , tnerly been conne(..ted in business, three different .suol. each, one of which had since been'paid, R: and T. Reynold; having paid away the other tvvo, they had been claimed un under the Coin- . miss: . on, by the i:ersons holding them. The claim of 11.3001. therefore now made by It. and.T. Reynolds was altogether imeginary and fraudulent, every debt or claim due to the,b:inkrupt, in which the bil;.4"w Lich composed ibis 16001. were compre hendAl, having been include*i in the I &WI. fornwhich wtre grail ed by the bant - ,rcpt at the nine of his temporary fatiure. • IThat this was the tad appeared by a loter from the Rwytiolds thetnselves, in which thCy alnitted that they only held, these bills _as se curity for any after dealings they rnight have with the oanktupt, and that such dealings did nut amount to one.„holl of the sum which ,they had claimed un der the appearance was made for It. and T. Re% ntilds. • ' The Loup CIIA,\ CELLOR ordered the claim to be . expunged, and the Reynolds to pay the costs of t;.e application, r , :_berving to Ahem to prove before the Coinmtssioners any debt pgainst the bankrupt which they might be able to subsianliate. couRT OF KING', BENCH, Nov. 3. THE I.:ING V. THE CoMMIS•IONERS OF COMPENSA- s: LION. This was an anion brought by a Mr. Viney, a very Lxteirsive waselmuseman, to reco%er compensa tion tor the deterioration in his bus tress and pre nu,es, by the operation of the confinement of land:. inz, storing, tic. certain articles of importation, in the West India and London Docks, under and by virt4,e of the Statutes made tor that purpose. This attion b,A been oriinally brought before the .Re 7 coider of the City ot London, under the provisions o: those. statutes, and in that action the Jury had assessed the Plaint:lrk datnag - es in the sum of •50001.; this verdizt was, upon motion and argu meut in the lust term, in the Court o f Ki ng ' s Bench, set aside, and a new trial awarded ; and ilpon s hat occasion, the sum ot 40001. had been offered by the Attorney-General, in the name of: the C(')lnmissioners, but this was refused, as inade quate ; --t-he principle upon -which the Commission eis.calcu:ated the mea,nre .ot damages, was upon the average annual amount of the Plaintiff's profits, upon thet , arehousing articles, for• the three List years iminediately preceding the above statutes, in I and 1800, as alter_ hese periods were coin polsortly landed and stored in the public docks ; while, on the other hand,, it was contended, for the Hamtilf, he was injurcd by the loss arising from the. altenation of a variety of othef.articles,which, though they mast be landed, were not of necessity stored there, but the expence of removing which, to other private stores, - virtually amounted to a prohibition. It wa,, also centended, for the Plaintiff, that the average %vas- ill taken,. and that the .purchase under that. erage. should be more liberal than• that al 16,,t•ed (three ;cars),. there being inMances . o; four and one of six years' purchase having been awarded is conipen.ation, To these points the evidence on thZ....part of bbewitig his annual prows foe a series of , years,; while on the part . of tic licicdialos were. produced _extraets taken from t he Piaintilf's own hooks, tending to narrow the t wouirds which they should bottom their 1. !I 1 Atter a very minute and -patient investigation, a groat •trariQty' of figures and calcillations, by the 1 Le.lrned 'JU , .I ,- e - (Lora ELLE.spououGH), the Jury :-) I rclii• v d fur - s(..tlie time, and' at length brought in a i verd i ct t . ur the Plaintitl—attnages 4:0751. Is. 4d. ilttooKE V. MIDDLETON. This was an kw.tion brought to recover, under the Statute, if chic the amount of certain bills which were diicounted by the Defendant, and for which it - was ailedged lie lead usuriously charged above the legal interest. Mr. Gartaow, for the Plaintiff, stated.. his was _not'of the class of qui turn actions for the benefit of the informer, but brought by a- respectable Gen tleman,, whose only object was to check the -mis chief arising front such- transadions to the indus trious, but sometimes distressed trader, and whose avowed intention was to apply the whole amount of such damages as might - be recovered, in li;juidation of the debts of the creditors of Messrs. Wilkins and •Lacey, bankrupt's, and who had been the ob jeds of plunder to the Detendint. The above .. Gentlemen were. Blackwell' }LH fa6tors, in the year 1797; 'and the Defendant is a carrier, and country banker, residing at Frome, in Somerset shire. In Jallluary of that year, having occasion for • • money, they. applied, by letter, to him, to discount certain bills, of a long date, for them, which he did, charging over and above the discount a coin mission of seven shillings and sixpence for each I ooi. In April 'of the same year, they again ap , plied to him, by letter, for further assistance, when • he wrote to them that he understood it was the re gular custom to charge a commission of one qua, ter per cent, by the month . , wito -which terms, they were tinder the necessity of complying. In Jutte of the same year, Mr. Lacey, one of the partners, went to Frome, where .accounts were setatd be tween the thirties, and a third accommodation took place (Ilion similar terms. The partners 'afterwards became bankrupts; and have since. obtained their cert aicate. Mr. Lacey having released ail claim to any sur plus out of the bankrupt's estate, was called to prove the ahote facts. tne course -ot his es.antination, his evidence not appearing to suppi , ri toe declaration wldch applied to. (tie third transaction, that part of the case %vas anandoned. The ATTUItNEY-.GENERAL, • for the Defendant, Contended tney had equally tailed in all - their7case.--- . - .4s to the second trans.ittion, he argued - that the declaration havity, set forth toe forbearance of the Defendant to be from the 20th Of April, the Wit negatived that, inasinvelf as the letter containing the reiontance from the Defendant was sent from Frome on that day,_ and, of course, could not come to hand 'before the next day ; from which latter pee , riod the fiftbearance vk as to be compiited. In this position the Noble Lord coincided, but waved the point, at the request of Mr. GARROW. The first transaction, he likewise, insisted, was equally un tenable; because, first, the .commission charged was not unreasonable---and• next, because to the sum alledged to ha‘e,been so-charged with that com mission shoutd be added the price of the stamp .for the draft of the Defendant, and the postages ; both which, it was admitted, were payable by the bor roWers. This, added to the other sum, made a va riance; which; ho•A ever trifling, was such, as in an action founded upon a penal statute (and of course to be construed stric,ly) was equally fatal with the other ohjeations. , . Tile Noble Lur'd left these last obje6lions to the consideratiou of the Jury, who found a verdict fur the .I)ziendaat. , King's Bench upon a forme r occasion, hiyi s-v0r.14 that the alledged partnership was hut a coloaribb; mode to .enable the IX:fent:ant, Tcurflinson, to .na;° usuriroos interest for tl;e money he advinced :6 `-rtil ner, and upon wilEch atliJacit that Court haci 6 '4 1 aside that deed of pat tnership: .. The joint affidavit of Messrs. Wolfe and' Vi 7 o ll :' titan was produced, and r e ad t o that el - t. , Nir. John Binmore, a!!ent and ship , broker,.swoC' e- , he acted for Mr. Tanner as his agent, in .'proc.iur: l 4 .the emission of the navy bins, troM iso4 bankruptcy, and charged 'him a coratoissioa of quarier,per. crut. flu his troi:bit'.. • _ • Mr.(3, , nytighatn, of the Navy-Oiliee, p'-0,,,;1 ! 16, ' paid it:lvy-bills to Mr. Tanner hi tosell, to the of I 1. ; and to 1 . 4". on Mr. Tanner.s account, bills to the awount of 18,8211:Cie tin; might have been at the ollioe about s:x dines the whole. - ; Two leVers were put in arid read, the first frolo, the Plaintiffs, to Mr. '''otnlinson,- dated January 18t 1804, in which they say that in ct'at,idt:ration of )its forbearance to call in '20901. due b y them to hum without biting six months' nhtice, they ::. , .reed allow him one-third of the commisSion Tanner to them, which 'wai, one Per cei , f on y" vances, or 3061. a-year eel - tont; the other, _IMO) (heir) to 2,1 r. Tanner, of the 20th of..!:* • 1804, stating, that tiny were ninible. ' 3 drafts to the same amount as bef,re, but would lessen the amount of hi-4 drafiS: content to.lower the rate of their commiisioni - Mr. Lamb was again coked, who produ:-d ral accounts, furnished-by I'lanttr.l3 to Mr. tier, in each 'of- which .Ippea., - ed a charge e l 3001. 3 year, undt'r the title t;f Mr. Serkaut Sart:Pu::::ai replied, on the pv- 1 , the Plaintnis; and alter a charge from the Sob. 1d Lord, stating the evi.!ence, 1 • the Jury ten te d. • .Aftl r ) an absence of abOut thr ee !outs, they a:Willed a verdict tor the Plaintiffs. The precise amount 0 theidainages was referred to- one of the Jury to cerUtia. BRISTOL, Nov. 2. A system of plunder, highly detrimontal to t r l mercantile interest of thi s p or t,, h as b ee n d-Scover'',`" Three persons were yesterday capital coinniitcd t (). Newgate, to tate their trials, at the next Gaol lit - ery, - for stealing sugar from the Nelsoiz, a ve ss-. 1 belonging to Alderma n - Cl axton an d S on, 1100/ the Eoatitig Dock, viz.—Richard Fryer, a constab l q sworn utAT the New Dock An ; Guest Villius er ' boatswain;. and James Buck, CUSteln-IMUS , -. They were detected in carrying away five b a g''. which contained upwards of 4 cwt. . RoßnEititS IN BRISTOL. Last week the shop of Mr. MoN.ex, -shoeznak- er ' ' in Ann -street, was robbed of 35 . pair of shoes. V ls depredators were distui bed by the barking of n'tlt' c i or probably other ur o p er ty wou ld h ave been carr ic away. Monday se nnight, the shop of Mr. haberdasher, in Milk -street, was broke open, °1 , 1 ,' robbed of goods to the amount of nearly ten raLl . On the f o llowi ng F r id ay , the shop- , ,vitido"' Messrs. John Acraman and Co. linen-d!apers, Maudlin-lane, was robbed of .sundry goods 1 0 t h 3 o awonut of ten p oun d s , t h rooL h . ' a h o l e co u window-shutter,zilNarently %yak a stock and ccritt e bit, breaking th e g l ass , an d b y - means o f a croo ej wire (which was l ett b e hi nd ) drawing out. ev er, l , article within reac h. 'Tuesday eight,- Mr. The M m Malt-house on Laence-bili was broli:! into by :, tilting the roof, and about t OQ. stolen therefrom three of the sacks Al ere 1 6 1.10 Wednesday morning at Crew ) b-Ii();e, AlSo the same night, the,honse of Air. Jackro 3, La:; ! crence-hill, was attempted, by do , ,ving the sc% e of the ) par:our shutters . , I.lt.it the timu perceivil.';' e ., light gave the alaren, and 'the 41creo11 (-1 camped without their booty. • bY The following ia an extract of, a letter r eceive. 0 a Gentle(nan at Hull, from an Officer at LOU" who sailed along with Sir 1), 13AILD:—" mire, safe arrived—all W'eli—no tnet them all conning hot.ne in our tr„insporo',::ev devii they wtroi.. 1 date s;.iy W - 1)6 marched againq t .Cr• • , ' s .1 0 Jin, 03 :,00 1, , get into France, in double . quick (nue, .. 01e ,„ ;. 0,' , 1 ri nrds . are very happy Jo... See us (bey the town, had nontire, and tl moniz the fleet and blebeil us—it was very together. , It is death alinv,t to ,pez!= the Spaniards are so enfai;Z:d bel L ;i4l stamping with th'eir - feet, and iu,:lhe' r language swearing, so tlatt„ as we e r.,6t French, we have difficulty to ni t alit- out•74elves stood. The S a .opiards gav,tts . a tflornin. , : :, tiring 42 great guns." A'AJP.). GRAVI,SEND, NOVEMBER 3. r . ,. /1 4, Sailed--the A dive, for . Ntrdei ; Ner , frit, for iarnaiv4 ; Prince or hiazil, IViirson,' tz,,o "Brunton, for Malta . ; Hope, 131. ind; zo;c1 Raiu,den, for Comenbor,t!)l. J! .C'''')." 'a. OnAon,ltty Vt. 24th tlii. the L a dy o f Sir fleilr} .:, Balt High )ttet•iti(ht ijevon, of.i Son. )ijot* Oa the zSth ult. the Lady of Drikkiler-G‘nerAl 1 •• . . rvlount'Antlan, 'of a D.rughi,,. . IP I.4tvly, ;it tirotninuil, toe Lady of Clpta.frt IlLlTt' il '' Son. - 111 TED. fli t ' le. On the 3d i• st. 13 r igad 3 .er- Geno;d Ci r npbefl, t 9 •, tc c% bv h An! , ...!., dAulthter of ti;: - .• 1 1 / 4 ni. 'I ltnni,., i•rtl);vothl, dri: for of Taugh• oylit:', ill 1i.,,,,,,j, a , A ,i g ,,,,- .t i,, , , ~,i ) ,,ter I .t.' laze "I'll ,, nas‘‘i all, k s , .i. :frt SheituLd, 11 , , C.nif - ;;l:tres t " ( .. , ,tie Ott Thurscid.,, et : "C,imb..-tv.r....11 Air. itidliir..l Njar.'‘,.„.:. .., a Veterinary Surgeon, at ;at borough; tv Al:;,s L. C. r --- -j " . ' rt, of l'ecKtii-an litso. - s oo t , • The sante clay, at St. : idell's tkircil, WilJian' /i t ' ' 4' l/ r. ..w. of the klana of I . 3nlnivA, to AVN: ( . 4)rnish, 4 : 1 J'' . &:,..., t4 crl l'i'''' ip ( :- 70,1 n , ii, Esc , t 4 til:i - llarni‘,iC - . 1 __,-- 1 " --1 r:chc, Illy II . -,--.- - "r --- ' ......... . . i • .1)1 E L.'. . . ~,,.0. On th e 23d ult. Mr. Wo o d; o f iii :1 - . , 1 near Faro" , 1- y.," ten , Far ;, I , -4)4 “ie j tz,i ui . t. Alf'. ',oho ItGot.., wi,o for indnY ).'"'- i i,j' i i one of tin, i 1, 4 :4 cl,yr, of tug Kiv:_-r, un'..l-;:r 'JAL: L.So;ii' ls ' , ' - , 1 of the. e n n,toi- M onse. . t Yes'4e/il::y, it I :,.: r . fang an:.l painful illness, it;lin, Y t ' lMcsr SOn 01 Mr. I).nnc; Sre,a,J, or ()id liroati-stre:q W•l,. „f e r r; road, i .. . in ins paisa ) ;e tr• in Col k V.) bZ r Ui., 1d.:6 , . el ie.X.; l . --- N ig rond, 1.,1,1: 01 tiat Island. Ilis corpse was za..tin to ra,,kall inrcriexl. ....., ; , LON DOPI : Prinfed HARRIS. (4 No, 4, Martiett.courr, Eavv-stteet; and published by ' I VI LLI A ARMIGE R SCRIPPS, uth er,.Grusvie9A-s ( iil * : ; At the SUN-Orutne No. Ito tam' ; where iiduatiA7nrik o r d ers /D r the Paver. 1 titters for the Editor, &c, (Lust-paid) must be,adiresstd. NOVEMBER 4. WOLFS AND WORKMAN V. TANNER AND TOXL4NSON. This was an action of assumpsit, upon an account between the parties, to which there 'was 'a plea of . non-assutupsit, and also a 'plea of usury. _ Mr. SL:rjeatit SHEPHERD, foi• the Plaintiffs, stated, that this adion was brought by Messrs. Wolfe and Workman, emit - rept brokers, to reco, er the amount of the balance of an account due to them from the Defendants, Messrs. Tanner and Tomlinson, un der the following circumstances c--Mr; 'Tanner was an eminent ship-builder, ,resident at Dart mouth, and had entered into contracts with Go vernment for the budding of vessels, to a very considerable extent. tieing in want of an agent in London to transact business, he had applied to the Plaintiffs on ' that subject, who themselves agreed to undertake his business, accepting his drafts, and receiving his payments from Government on account of his contracts. In the course of their dealing, they had advanced to the amount of 60001.; about this time, in the - year f 804, a partnership was, set on foot betwen the Defettdai.t, Tanner, and Tomlinson, the latter of whom was to be admitted to a participation of the benefits arising both Irons flee contracts then existing, for build! ' ing ships for Government; and also from such as should be made thereafter, upon the ad vance of 10,0001.; of which 60001. which had been I advanced by the Plaintiffs for the use of Tan ner, formed a part ; upon this foundation the busi ness went on as before, the name of Tomlinson not appearing in the business, under thecause con tained in the deed of partnership; and the bills being drawn on Tomlinson, by Tanner, as if they were se parate parties ; tiles atfairs went on till the year iilo7, during whin between 70 and 80,0001. passed . through the Plaintiff's hands, for the balanc e du e upon which this action was.brought, and for which balance it was contended the Deleridant Tomlin:ion , was answerable equally with the other Defendant, although the partnership deed was not executed un til the end of the year 1804, h e ha v i ng by that part nerAip all the advantage arising from the prior con tzacts with Government, as well. as those which might be afterwards entered into; with reaped to the plea of usury, he could not conceives how that could be sustained ; where agents traritud ed a vast deal ot : lau.siaiess,for their principals, it was but fair they should be paid commission for their trouble, as well as interest upon their ad vances, unless it wasinade manifest that such com mission was a, mere colour for taking usuriously more than legal interest on their advances. In toe present case, the agreement between_ the patties was, that the Plaintiffs should be allowed five per . . . • • cent. on all adVances, and also a cemmiscaon of one per cent. for their trouble_ as' agents, provided Ailch should produce 3001. a-year ; but at ail e'ents, such commission should be made good in that sum ; upon thesetransaaions there was a balance r:atiain - ing doe of-upwards of 23,0001. and for tills tin; the • aelion was brought. The deed -of partnetship between the Defendants was produced, and proved by the Attorney who prepared it ; tvho, on his cross-examination, swore the Plaintiff, Workman, was present, and witnessed it, and .heard it read. The deed recited that Tomlin- Son was to have equal share in the benefits arising fr, to - all the existing or future contracts with Goveinment,- fi?r ship building, in consideration of the - Sum of 0,0001. ; and that lie yeas to hater) per,cent. upon all sums advanced by him, and 5 per cent. on all navy bills issued in payment of . ships built ; ,fit also con tained a clause by which all profits beyond these Were to go to Tanner, for his trouble and use of his . dock raids; and Tomlinson should be - at liberty fo withdraw from the partnership by giving six . mouths notice, lind take out all monies advanced by hill] to the concern -; and that Tomlinson's nime should not appear or be made use of in the partnership. Charles Foster, the first witness, was clerk to Mr. Tanner. He knew of his ha% ing several contracts with Government, for building vessels, fourteen in all ;• which were entered into interior to the partnership commencing between loin and Mr. Tomhnson. Thomas William Masters produced a large bundle of bills of exchange, drawn by Mr.'Tanner on -the - PlaintillS, 'and paid by them: to the amount of 62,5031. 1 they SA ere all drawn subsequent to conU- mencement of the parnership, which took place in December, 18u4. • Mr. LAMB, the Solicitor foe the - Plaintiff's, proved the hand-W ruing of Mr; Tanner, as the drawer of these hills, the first of which was dated the f9th December, 1804, the day subsequent to the com mencement of the partnership between the De fendants. Mr. f-fingston lives at Dartmouth, and knows Mr. Tannet', the whole of whose business, after his entering into controas with Government, was con- . fined to, building ships tOr their service. Upon his cross-examination - he Would not swear lie built ves- • g e l s f or n o one else. - John Gregg was an .apprentice to 'Mr. ° Fanner till his failure ; he could not recolletaekaaly the period he begin to-build on aCeotint cat Government, but he dici no business for others front the time of his entering into these contrats.,. • Mr. Laughlin, agent to several. Contraaors with Government, proved he charged one per cent. com mission upon all'such business; in one instance he charged one and a half, but that was under a special agreement. The bus:ness, of such agency waslo attend to see contracts executed, to take up Navy Bills; in some instances to pay money in advance ; and to obtain final payment froM Government for their employer. He would not undertake the busi ness- for less than..one per cent. commission. Mr. Cowper has one accbuntWith a Government Contra tor. His 'business is to accept Bills, to're ceive Navy Bills, and pay them. Be charges one per cent. commission on all payments, and the like commission on the Navy Bills ; and he considered one - per cent, as a very reasonable charge for his trouble. - Mr. Raikes proved the enstoin of a like charge of one per cent. commission for the trouble of agency._ Mr. George Boyer, a clerk in the Navy 01Tice, produced nine navy bills, which , had been Paid o n account of the Defendant, Tan4r, on the back of which - the name of Workman appeared indorsed.. •This, Lord ELLENBOROUGH observed, Only shew ed he had a power of attorney to receive the amount of them, but not that he had the tronble of procur ing them to be issued; he wished the Plaintiffs to skew the'services they had done to entitle them to the commission they claimed. ff Mr. Henry Hunt is agent to the Gentleman who has the contract for bunding the prison at Dart , mouth, - and he charges -one per cent. commission for his. trouble.—To a question by a juror, he said he• would by no me:ens suffer any one to draw on hitn, and at the same time to draw out of the Transport Office the fund for payment. Here Mr. Serjeant SHEPHERD declared he must rest his clients' cast; as to their right to coitimission on the proof of general practice. The ATTORNEY-GENERAL, on- the part of the Defendants, insisted, that in addition to the failure of proof by the Plaintiff's, to entitle them to the charge of commission, there %t its another ground upon which he had a right to a nonsuit, for want of a partnership between the- Defendants, and he would try it by this test ; if this action had been brought against Tanner alone, he could not plead. the partnership in abatement ; it was proved by the Plaintiffs themselves, that Tanner had eniered into the contra•as with Government, and that he had merely admitted Tomlinson to a participation of the business; they had also proved, that 'Tanner had tnerely druwn on theca on a general account, and that they had accepted as his general agents. • Lord ELLENBOROUGH observed, that a man may_ draw in two distinti characters,—he clay draw on his private account, and also on a partnership ac count. He could not think of turning the Ih:inliffs round upon this point, but he would reserve it for future consideration. Mr. ATTORNEY-GENtRAL grounded his cliet t,' defence upon two general grounds---,usury in the dealings between the Plaintiffs and' Del - end:4ms - , and the non-existence of partnership between the latter. With respell to the former, he insisted that the commission„ or one per cent, was a nit-re colour to charge more than the legal interest for money advanced, as they had totally failed in prov.= ing any services done as agents on the- contrary, that alone which they hadailet',ted tohave:perlorin]. the procurement of rho Navy Bills, he would'e l prove was actually done by another, who had cSarge , d Mr. Tanner commission - for that very serytee_i and that at any rate,'• the 3001. a year, when divided, on the payments made by them, wOuld amount to above one and a third per cent over and above the five per cent. interest. With regard to the second ground, the want , of partnership in the Defendants, he would prove it by the affidavits of ; the Pl,,iiliti:ls thethselvt,is, who, upon a motion in tke